BILL NUMBER: SB 668	CHAPTERED  10/10/99

	CHAPTER   867
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN SENATE   APRIL 12, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 24, 1999

   An act to add Section 3135 to, and to repeal and add Part 3
(commencing with Section 3400) of Division 8 of, the Family Code,
relating to child custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 668, Sher.  Uniform Child Custody Jurisdiction and Enforcement
Act.
   Existing law, known as the Uniform Child Custody Jurisdiction Act,
specifies procedures and requirements for the exercise of
jurisdiction by California courts in matters of child custody where
the courts of another state may also have, or have previously
exercised, jurisdiction.
   This bill would repeal this act and replace it with a new act, to
be known as the Uniform Child Custody Jurisdiction and Enforcement
Act.  This new act would alter existing law in the following areas,
among others:
   (1) Existing law provides that a California court has jurisdiction
to make a child custody determination, as defined, by initial or
modification decree, in any of specified situations, including that
it is in the best interest of a child who has specified connections
with this state, or that the child is physically present in the state
and it is necessary in an emergency to protect the child for certain
reasons.
   This bill would instead provide an exclusive jurisdictional basis
for making an initial child custody determination.  The bill would
permit a California court to assume temporary emergency jurisdiction
in specified circumstances and would provide that the jurisdiction of
a California court over any custody determination, other than
temporary emergency jurisdiction, is exclusive and continuing until
specified events occur.  It would prohibit modification of a custody
decision made pursuant to this uniform act by the courts of another
state in the absence of specified determinations.
   (2) Existing law permits a court to decline to exercise its
jurisdiction if it determines that it is an inconvenient forum and a
court in another state is a more appropriate forum.
   This bill would revise and recast the factors to be considered by
the court in determining if it is an inconvenient forum.
   (3) Existing law permits a California court to decline to exercise
its jurisdiction if the petitioner has wrongfully taken the child
from another state or engaged in similar reprehensible conduct.
   This bill would create specified exceptions to the court's right
to decline to exercise its jurisdiction and authorize the court, if
it so declines, to fashion appropriate remedies to ensure the child's
safety and prevent a repetition of the unjustifiable conduct, as
specified.
   (4) Existing law requires California courts to recognize and
enforce out-of-state child custody decrees subject to specified
conditions and provides for the maintenance of a registry of those
custody decrees and other documents by superior court clerks.
   This bill would expand the provisions relating to the enforcement
of out-of-state child custody decrees and would, among other things,
authorize the court to issue a warrant to take physical custody of a
child in specified circumstances, and authorize a district attorney
to take all necessary actions to locate and return a child under
certain circumstances.  The bill would also revise and recast the
list of documents to be included in the registry of out-of-state
custody orders, require the provision of specified notice to persons
who may contest the registration, as specified, and require that the
registering party submit a statement under penalty of perjury that
the order has not been modified.
   This bill would require the Judicial Council to report to the
Legislature by January 1, 2003, on the effect of the implementation
of the Uniform Child Custody Jurisdiction and Enforcement Act in this
state.
   Because this bill would expand the crime of perjury, and because
it would impose new duties on court clerks, it would create a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3135 is added to the Family Code, to read:
   3135.  Part 3 (commencing with Section 3400) does not limit the
authority of a district attorney or arresting agency to act pursuant
to this chapter, Section 279.6 of the Penal Code, or any other
applicable law.
  SEC. 2.  Part 3 (commencing with Section 3400) of Division 8 of the
Family Code is repealed.
  SEC. 3.  Part 3 (commencing with Section 3400) is added to Division
8 of the Family Code, to read:

      PART 3.  UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

      CHAPTER 1.  GENERAL PROVISIONS

   3400.  This part may be cited as the Uniform Child Custody
Jurisdiction and Enforcement Act.
   3402.  As used in this part:
   (a) "Abandoned" means left without provision for reasonable and
necessary care or supervision.
   (b) "Child" means an individual who has not attained 18 years of
age.
   (c) "Child custody determination" means a judgment, decree, or
other order of a court providing for the legal custody, physical
custody, or visitation with respect to a child.  The term includes a
permanent, temporary, initial, and modification order.  The term does
not include an order relating to child support or other monetary
obligation of an individual.
   (d) "Child custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child is
an issue.  The term includes a proceeding for dissolution of
marriage, legal separation of the parties, neglect, abuse,
dependency, guardianship, paternity, termination of parental rights,
and protection from domestic violence, in which the issue may appear.
  The term does not include a proceeding involving juvenile
delinquency, contractual emancipation, or enforcement under Chapter 3
(commencing with Section 3441).
   (e) "Commencement" means the filing of the first pleading in a
proceeding.
   (f) "Court" means an entity authorized under the law of a state to
establish, enforce, or modify a child custody determination.
   (g) "Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six consecutive
months immediately before the commencement of a child custody
proceeding.  In the case of a child less than six months of age, the
term means the state in which the child lived from birth with any of
the persons mentioned.  A period of temporary absence of any of the
mentioned persons is part of the period.
   (h) "Initial determination" means the first child custody
determination concerning a particular child.
   (i) "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this part.
   (j) "Issuing state" means the state in which a child custody
determination is made.
   (k) "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a previous
determination concerning the same child, whether or not it is made by
the court that made the previous determination.
   (l) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, or government; governmental subdivision, agency, or
instrumentality; public corporation; or any other legal or commercial
entity.
   (m) "Person acting as a parent" means a person, other than a
parent, who:  (1) has physical custody of the child or has had
physical custody for a period of six consecutive months, including
any temporary absence, within one year immediately before the
commencement of a child custody proceeding; and (2) has been awarded
legal custody by a court or claims a right to legal custody under the
law of this state.
   (n) "Physical custody" means the physical care and supervision of
a child.
   (o) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
   (p) "Tribe" means an Indian tribe or band, or Alaskan Native
village, that is recognized by federal law or formally acknowledged
by a state.
   (q) "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
   3403.  This part does not govern an adoption proceeding or a
proceeding pertaining to the authorization of emergency medical care
for a child.
   3404.  (a) A child custody proceeding that pertains to an Indian
child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.) is not subject to this part to the extent that it is
governed by the Indian Child Welfare Act.
   (b) A court of this state shall treat a tribe as if it were a
state of the United States for the purpose of applying this chapter
and Chapter 2 (commencing with Section 3421).
   (c) A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional
standards of this part must be recognized and enforced under Chapter
3 (commencing with Section 3441).
   3405.  (a) A court of this state shall treat a foreign country as
if it were a state of the United States for the purpose of applying
this chapter and Chapter 2 (commencing with Section 3421).
   (b) Except as otherwise provided in subdivision (c), a child
custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional
standards of this part must be recognized and enforced under Chapter
3 (commencing with Section 3441).
   (c) A court of this state need not apply this part if the child
custody law of a foreign country violates fundamental principles of
human rights.
   3406.  A child custody determination made by a court of this state
that had jurisdiction under this part binds all persons who have
been served in accordance with the laws of this state or notified in
accordance with Section 3408 or who have submitted to the
jurisdiction of the court, and who have been given an opportunity to
be heard.  As to those persons, the determination is conclusive as to
all decided issues of law and fact except to the extent the
determination is modified.
   3407.  If a question of existence or exercise of jurisdiction
under this part is raised in a child custody proceeding, the
question, upon request of a party, must be given priority on the
calendar and handled expeditiously.
   3408.  (a) Notice required for the exercise of jurisdiction when a
person is outside this state may be given in a manner prescribed by
the law of this state for service of process or by the law of the
state in which the service is made.  Notice must be given in a manner
reasonably calculated to give actual notice but may be by
publication if other means are not effective.
   (b) Proof of service may be made in the manner prescribed by the
law of this state or by the law of the state in which the service is
made.
   (c) Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court.
   3409.  (a) A party to a child custody proceeding, including a
modification proceeding, or a petitioner or respondent in a
proceeding to enforce or register a child custody determination, is
not subject to personal jurisdiction in this state for another
proceeding or purpose solely by reason of having participated, or of
having been physically present for the purpose of participating, in
the proceeding.
   (b) A person who is subject to personal jurisdiction in this state
on a basis other than physical presence is not immune from service
of process in this state.  A party present in this state who is
subject to the jurisdiction of another state is not immune from
service of process allowable under the laws of that state.
   (c) The immunity granted by subdivision (a) does not extend to
civil litigation based on acts unrelated to the participation in a
proceeding under this part committed by an individual while present
in this state.
   3410.  (a) A court of this state may communicate with a court in
another state concerning a proceeding arising under this part.
   (b) The court may allow the parties to participate in the
communication.  If the parties are not able to participate in the
communication, they must be given the opportunity to present facts
and legal arguments before a decision on jurisdiction is made.
   (c) Communication between courts on schedules, calendars, court
records, and similar matters may occur without informing the parties.
  A record need not be made of the communication.
   (d) Except as otherwise provided in subdivision (c), a record must
be made of a communication under this section.  The parties must be
informed promptly of the communication and granted access to the
record.
   (e) For the purposes of this section, "record" means information
that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
   3411.  (a) In addition to other procedures available to a party, a
party to a child custody proceeding may offer testimony of witnesses
who are located in another state, including testimony of the parties
and the child, by deposition or other means allowable in this state
for testimony taken in another state.  The court, on its own motion,
may order that the testimony of a person be taken in another state
and may prescribe the manner in which and the terms upon which the
testimony is taken.
   (b) A court of this state may permit an individual residing in
another state to be deposed or to testify by telephone, audiovisual
means, or other electronic means before a designated court or at
another location in that state.  A court of this state shall
cooperate with courts of other states in designating an appropriate
location for the deposition or testimony.
   (c) Documentary evidence transmitted from another state to a court
of this state by technological means that do not produce an original
writing may not be excluded from evidence on an objection based on
the means of transmission.
   3412.  (a) A court of this state may request the appropriate court
of another state to do all of the following:
   (1) Hold an evidentiary hearing.
   (2) Order a person to produce or give evidence pursuant to
procedures of that state.
   (3) Order that an evaluation be made with respect to the custody
of a child involved in a pending proceeding.
   (4) Forward to the court of this state a certified copy of the
transcript of the record of the hearing, the evidence otherwise
presented, and any evaluation prepared in compliance with the
request.
   (5) Order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding with
or without the child.
   (b) Upon request of a court of another state, a court of this
state may hold a hearing or enter an order described in subdivision
(a).
   (c) Travel and other necessary and reasonable expenses incurred
under subdivisions (a) and (b) may be assessed against the parties
according to the law of this state.
   (d) A court of this state shall preserve the pleadings, orders,
decrees, records of hearings, evaluations, and other pertinent
records with respect to a child custody proceeding until the child
attains 18 years of age.  Upon appropriate request by a court or law
enforcement official of another state, the court shall forward a
certified copy of those records.

      CHAPTER 2.  JURISDICTION

   3421.  (a) Except as otherwise provided in Section 3424, a court
of this state has jurisdiction to make an initial child custody
determination only if any of the following are true:
   (1) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child
within six months before the commencement of the proceeding and the
child is absent from this state but a parent or person acting as a
parent continues to live in this state.
   (2) A court of another state does not have jurisdiction under
paragraph (1), or a court of the home state of the child has declined
to exercise jurisdiction on the grounds that this state is the more
appropriate forum under Section 3427 or 3428, and both of the
following are true:
   (A) The child and the child's parents, or the child and at least
one parent or a person acting as a parent, have a significant
connection with this state other than mere physical presence.
   (B) Substantial evidence is available in this state concerning the
child's care, protection, training, and personal relationships.
   (3) All courts having jurisdiction under paragraph (1) or (2) have
declined to exercise jurisdiction on the ground that a court of this
state is the more appropriate forum to determine the custody of the
child under Section 3427 or 3428.
   (4) No court of any other state would have jurisdiction under the
criteria specified in paragraph (1), (2), or (3).
   (b) Subdivision (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state.
   (c) Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.
   3422.  (a) Except as otherwise provided in Section 3424, a court
of this state that has made a child custody determination consistent
with Section 3421 or 3423 has exclusive, continuing jurisdiction over
the determination until either of the following occurs:
   (1) A court of this state determines that neither the child, nor
the child and one parent, nor the child and a person acting as a
parent have a significant connection with this state and that
substantial evidence is no longer available in this state concerning
the child's care, protection, training, and personal relationships.
   (2) A court of this state or a court of another state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in this state.
   (b) A court of this state that has made a child custody
determination and does not have exclusive, continuing jurisdiction
under this section may modify that determination only if it has
jurisdiction to make an initial determination under Section 3421.
   3423.  Except as otherwise provided in Section 3424, a court of
this state may not modify a child custody determination made by a
court of another state unless a court of this state has jurisdiction
to make an initial determination under paragraph (1) or (2) of
subdivision (a) of Section 3421 and either of the following
determinations is made:
   (a) The court of the other state determines it no longer has
exclusive, continuing jurisdiction under Section 3422 or that a court
of this state would be a more convenient forum under Section 3427.
   (b) A court of this state or a court of the other state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in the other state.
   3424.  (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has
been abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is
subjected to, or threatened with, mistreatment or abuse.
   (b) If there is no previous child custody determination that is
entitled to be enforced under this part and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section remains in effect until an
order is obtained from a court of a state having jurisdiction under
Sections 3421 to 3423, inclusive.  If a child custody proceeding has
not been or is not commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section becomes a final determination,
if it so provides and this state becomes the home state of the child.

   (c) If there is a previous child custody determination that is
entitled to be enforced under this part, or a child custody
proceeding has been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, any order issued
by a court of this state under this section must specify in the
order a period that the court considers adequate to allow the person
seeking an order to obtain an order from the state having
jurisdiction under Sections 3421 to 3423, inclusive.  The order
issued in this state remains in effect until an order is obtained
from the other state within the period specified or the period
expires.
   (d) A court of this state that has been asked to make a child
custody determination under this section, upon being informed that a
child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, shall
immediately communicate with the other court.  A court of this state
which is exercising jurisdiction pursuant to Sections 3421 to 3423,
inclusive, upon being informed that a child custody proceeding has
been commenced in, or a child custody determination has been made by,
a court of another state under a statute similar to this section
shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and
determine a period for the duration of the temporary order.
   (e) It is the intent of the Legislature in enacting subdivision
(a) that the grounds on which a court may exercise temporary
emergency jurisdiction be expanded.  It is further the intent of the
Legislature that these grounds include those that existed under
Section 3403 of the Family Code as that section read on December 31,
1999, particularly including cases involving domestic violence.
   3425.  (a) Before a child custody determination is made under this
part, notice and an opportunity to be heard in accordance with the
standards of Section 3428 must be given to all persons entitled to
notice under the law of this state as in child custody proceedings
between residents of this state, any parent whose parental rights
have not been previously terminated, and any person having physical
custody of the child.
   (b) This part does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
   (c) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under this part are governed by
the law of this state as in child custody proceedings between
residents of this state.
   3426.  (a) Except as otherwise provided in Section 3424, a court
of this state may not exercise its jurisdiction under this chapter
if, at the time of the commencement of the proceeding, a proceeding
concerning the custody of the child has been commenced in a court of
another state having jurisdiction substantially in conformity with
this part, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more
convenient forum under Section 3427.
   (b) Except as otherwise provided in Section 3424, a court of this
state, before hearing a child custody proceeding, shall examine the
court documents and other information supplied by the parties
pursuant to Section 3429.  If the court determines that a child
custody proceeding has been commenced in a court in another state
having jurisdiction substantially in accordance with this part, the
court of this state shall stay its proceeding and communicate with
the court of the other state.  If the court of the state having
jurisdiction substantially in accordance with this part does not
determine that the court of this state is a more appropriate forum,
the court of this state shall dismiss the proceeding.
   (c) In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to enforce
the determination has been commenced in another state.  If a
proceeding to enforce a child custody determination has been
commenced in another state, the court may do any of the following:
   (1) Stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying, or
dismissing the proceeding for enforcement.
   (2) Enjoin the parties from continuing with the proceeding for
enforcement.
   (3) Proceed with the modification under conditions it considers
appropriate.
   3427.  (a) A court of this state that has jurisdiction under this
part to make a child custody determination may decline to exercise
its jurisdiction at any time if it determines that it is an
inconvenient forum under the circumstances and that a court of
another state is a more appropriate forum.  The issue of inconvenient
forum may be raised upon motion of a party, the court's own motion,
or request of another court.
   (b) Before determining whether it is an inconvenient forum, a
court of this state shall consider whether it is appropriate for a
court of another state to exercise jurisdiction.  For this purpose,
the court shall allow the parties to submit information and shall
consider all relevant factors, including:
   (1) Whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the parties
and the child.
   (2) The length of time the child has resided outside this state.
   (3) The distance between the court in this state and the court in
the state that would assume jurisdiction.
   (4) The degree of financial hardship to the parties in litigating
in one forum over the other.
   (5) Any agreement of the parties as to which state should assume
jurisdiction.
   (6) The nature and location of the evidence required to resolve
the pending litigation, including testimony of the child.
   (7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the evidence.
   (8) The familiarity of the court of each state with the facts and
issues in the pending litigation.
   (c) If a court of this state determines that it is an inconvenient
forum and that a court of another state is a more appropriate forum,
it shall stay the proceedings upon condition that a child custody
proceeding be promptly commenced in another designated state and may
impose any other condition the court considers just and proper.
   (d) A court of this state may decline to exercise its jurisdiction
under this part if a child custody determination is incidental to an
action for dissolution of marriage or another proceeding while still
retaining jurisdiction over the dissolution of marriage or other
proceeding.
   (e) If it appears to the court that it is clearly an inappropriate
forum, the court may require the party who commenced the proceeding
to pay, in addition to the costs of the proceeding in this state,
necessary travel and other expenses, including attorney's fees,
incurred by the other parties or their witnesses.  Payment is to be
made to the clerk of the court for remittance to the proper party.
   3428.  (a) Except as otherwise provided in Section 3424 or by any
other law of this state, if a court of this state has jurisdiction
under this part because a person seeking to invoke its jurisdiction
has engaged in unjustifiable conduct, the court shall decline to
exercise its jurisdiction unless one of the following are true:
   (1) The parents and all persons acting as parents have acquiesced
in the exercise of jurisdiction.
   (2) A court of the state otherwise having jurisdiction under
Sections 3421 to 3423, inclusive, determines that this state is a
more appropriate forum under Section 3427.
   (3) No court of any other state would have jurisdiction under the
criteria specified in Sections 3421 to 3423, inclusive.
   (b) If a court of this state declines to exercise its jurisdiction
pursuant to subdivision (a), it may fashion an appropriate remedy to
ensure the safety of the child and prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a child
custody proceeding is commenced in a court having jurisdiction under
Sections 3421 to 3423, inclusive.
   (c) If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction pursuant to subdivision (a),
it shall assess against the party seeking to invoke its jurisdiction
necessary and reasonable expenses including costs, communication
expenses, attorney's fees, investigative fees, expenses for
witnesses, travel expenses, and child care during the course of the
proceedings, unless the party from whom fees are sought establishes
that the assessment would be clearly inappropriate.  The court may
not assess fees, costs, or expenses against this state unless
authorized by law other than this part.
   (d) In making a determination under this section, a court shall
not consider as a factor weighing against the petitioner any taking
of the child, or retention of the child after a visit or other
temporary relinquishment of physical custody, from the person who has
legal custody, if there is evidence that the taking or retention of
the child was a result of domestic violence against the petitioner,
as defined in Section 6211.
   3429.  (a) In a child custody proceeding, each party, in its first
pleading or in an attached affidavit, shall give information, if
reasonably ascertainable, under oath as to the child's present
address or whereabouts, the places where the child has lived during
the last five years, and the names and present addresses of the
persons with whom the child has lived during that period.  However,
where there are allegations of domestic violence or child abuse, any
addresses of the party alleging violence or abuse and of the child
which are unknown to the other party are confidential and may not be
disclosed in the pleading or affidavit.  The pleading or affidavit
must state whether the party:
   (1) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of, or
visitation with, the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any.
   (2) Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of
parental rights, and adoptions and, if so, identify the court, the
case number, and the nature of the proceeding.

             (3) Knows the names and addresses of any person not a
party to the proceeding who has physical custody of the child or
claims rights of legal custody or physical custody of, or visitation
with, the child and, if so, the names and addresses of those persons.

   (b) If the information required by subdivision (a) is not
furnished, the court, upon motion of a party or its own motion, may
stay the proceeding until the information is furnished.
   (c) If the declaration as to any of the items described in
paragraphs (1) to (3), inclusive, of subdivision (a) is in the
affirmative, the declarant shall give additional information under
oath as required by the court.  The court may examine the parties
under oath as to details of the information furnished and other
matters pertinent to the court's jurisdiction and the disposition of
the case.
   (d) Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding.
   3430.  (a) In a child custody proceeding in this state, the court
may order a party to the proceeding who is in this state to appear
before the court in person with or without the child.  The court may
order any person who is in this state and who has physical custody or
control of the child to appear in person with the child.
   (b) If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order that
a notice given pursuant to Section 3408 include a statement directing
the party to appear in person with or without the child and
informing the party that failure to appear may result in a decision
adverse to the party.
   (c) The court may enter any orders necessary to ensure the safety
of the child and of any person ordered to appear under this section.

   (d) If a party to a child custody proceeding who is outside this
state is directed to appear under subdivision (b) or desires to
appear personally before the court with or without the child, the
court may require another party to pay reasonable and necessary
travel and other expenses of the party so appearing and of the child.


      CHAPTER 3.  ENFORCEMENT

   3441.  In this chapter:
   (a) "Petitioner" means a person who seeks enforcement of an order
for return of a child under the Hague Convention on the Civil Aspects
of International Child Abduction or enforcement of a child custody
determination.
   (b) "Respondent" means a person against whom a proceeding has been
commenced for enforcement of an order for return of a child under
the Hague Convention on the Civil Aspects of International Child
Abduction or enforcement of a child custody determination.
   3442.  Under this chapter, a court of this state may enforce an
order for the return of a child made under the Hague Convention on
the Civil Aspects of International Child Abduction as if it were a
child custody determination.
   3443.  (a) A court of this state shall recognize and enforce a
child custody determination of a court of another state if the latter
court exercised jurisdiction in substantial conformity with this
part or the determination was made under factual circumstances
meeting the jurisdictional standards of this part and the
determination has not been modified in accordance with this part.
   (b) A court of this state may utilize any remedy available under
other laws of this state to enforce a child custody determination
made by a court of another state.  The remedies provided in this
chapter are cumulative and do not affect the availability of other
remedies to enforce a child custody determination.
   3444.  (a) A court of this state which does not have jurisdiction
to modify a child custody determination may issue a temporary order
enforcing either:
   (1) A visitation schedule made by a court of another state.
   (2) The visitation provisions of a child custody determination of
another state that does not provide for a specific visitation
schedule.
   (b) If a court of this state makes an order under paragraph (2) of
subdivision (a), it shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order from a
court having jurisdiction under the criteria specified in Chapter 2
(commencing with Section 3421).  The order remains in effect until an
order is obtained from the other court or the period expires.
   3445.  (a) A child custody determination issued by a court of
another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending all of the following
to the appropriate court in this state:
   (1) A letter or other document requesting registration.
   (2) Two copies, including one certified copy, of the determination
sought to be registered, and a statement under penalty of perjury
that to the best of the knowledge and belief of the person seeking
registration the order has not been modified.
   (3) Except as otherwise provided in Section 3429, the name and
address of the person seeking registration and any parent or person
acting as a parent who has been awarded custody or visitation in the
child custody determination sought to be registered.
   (b) On receipt of the documents required by subdivision (a), the
registering court shall do both of the following:
   (1) Cause the determination to be filed as a foreign judgment,
together with one copy of any accompanying documents and information,
regardless of their form.
   (2) Serve notice upon the persons named pursuant to paragraph (3)
of subdivision (a) and provide them with an opportunity to contest
the registration in accordance with this section.
   (c) The notice required by paragraph (2) of subdivision (b) shall
state all of the following:
   (1) That a registered determination is enforceable as of the date
of the registration in the same manner as a determination issued by a
court of this state.
   (2) That a hearing to contest the validity of the registered
determination must be requested within 20 days after service of the
notice.
   (3) That failure to contest the registration will result in
confirmation of the child custody determination and preclude further
contest of that determination with respect to any matter that could
have been asserted.
   (d) A person seeking to contest the validity of a registered order
must request a hearing within 20 days after service of the notice.
At that hearing, the court shall confirm the registered order unless
the person contesting registration establishes any of the following:

   (1) That the issuing court did not have jurisdiction under Chapter
2 (commencing with Section 3421).
   (2) That the child custody determination sought to be registered
has been vacated, stayed, or modified by a court having jurisdiction
to do so under Chapter 2 (commencing with Section 3421).
   (3) That the person contesting registration was entitled to
notice, but notice was not given in accordance with the standards of
Section 3408, in the proceedings before the court that issued the
order for which registration is sought.
   (e) If a timely request for a hearing to contest the validity of
the registration is not made, the registration is confirmed as a
matter of law and the person requesting registration and all persons
served shall be notified of the confirmation.
   (f) Confirmation of a registered order, whether by operation of
law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at the
time of registration.
   3446.  (a) A court of this state may grant any relief normally
available under the law of this state to enforce a registered child
custody determination made by a court of another state.
   (b) A court of this state shall recognize and enforce, but may not
modify, except in accordance with Chapter 2 (commencing with Section
3421), a registered child custody determination of a court of
another state.
   3447.  If a proceeding for enforcement under this chapter is
commenced in a court of this state and the court determines that a
proceeding to modify the determination is pending in a court of
another state having jurisdiction to modify the determination under
Chapter 2 (commencing with Section 3421), the enforcing court shall
immediately communicate with the modifying court.  The proceeding for
enforcement continues unless the enforcing court, after consultation
with the modifying court, stays or dismisses the proceeding.
   3448.  (a) A petition under this chapter must be verified.
Certified copies of all orders sought to be enforced and of any order
confirming registration must be attached to the petition.  A copy of
a certified copy of an order may be attached instead of the
original.
   (b) A petition for enforcement of a child custody determination
must state all of the following:
   (1) Whether the court that issued the determination identified the
jurisdictional basis it relied upon in exercising jurisdiction and,
if so, what the basis was.
   (2) Whether the determination for which enforcement is sought has
been vacated, stayed, or modified by a court whose decision must be
enforced under this part and, if so, identify the court, the case
number, and the nature of the proceeding.
   (3) Whether any proceeding has been commenced that could affect
the current proceeding, including proceedings relating to domestic
violence, protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the
nature of the proceeding.
   (4) The present physical address of the child and the respondent,
if known.
   (5) Whether relief in addition to the immediate physical custody
of the child and attorney's fees is sought, including a request for
assistance from law enforcement officials and, if so, the relief
sought.
   (6) If the child custody determination has been registered and
confirmed under Section 3445, the date and place of registration.
   (c) Upon the filing of a petition, the court shall issue an order
directing the respondent to appear in person with or without the
child at a hearing and may enter any order necessary to ensure the
safety of the parties and the child.  The hearing must be held on the
next judicial day after service of the order unless that date is
impossible.  In that event, the court shall hold the hearing on the
first judicial day possible.  The court may extend the date of
hearing at the request of the petitioner.
   (d) An order issued under subdivision (c) must state the time and
place of the hearing and advise the respondent that, at the hearing,
the court will order that the petitioner may take immediate physical
custody of the child and the payment of fees, costs, and expenses
under Section 3452, and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears and
establishes either of the following:
   (1) That the child custody determination has not been registered
and confirmed under Section 3445 and all of the following are true:
   (A) The issuing court did not have jurisdiction under Chapter 2
(commencing with Section 3421).
   (B) The child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).

   (C) The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 3408, in the
proceedings before the court that issued the order for which
enforcement is sought.
   (2) That the child custody determination for which enforcement is
sought was registered and confirmed under Section 3444, but has been
vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).

   3449.  Except as otherwise provided in Section 3451, the petition
and order shall be served, by any method authorized by the law of
this state, upon the respondent and any person who has physical
custody of the child.
   3450.  (a) Unless the court issues a temporary emergency order
pursuant to Section 3424, upon a finding that a petitioner is
entitled to immediate physical custody of the child, the court shall
order that the petitioner may take immediate physical custody of the
child unless the respondent establishes either of the following:
   (1) That the child custody determination has not been registered
and confirmed under Section 3445 and one of the following is true:
   (A) The issuing court did not have jurisdiction under Chapter 2
(commencing with Section 3421).
   (B) The child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Chapter 2 (commencing with Section
3421).
   (C) The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 3408, in the
proceedings before the court that issued the order for which
enforcement is sought.
   (2) That the child custody determination for which enforcement is
sought was registered and confirmed under Section 3445 but has been
vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).

   (b) The court shall award the fees, costs, and expenses authorized
under Section 3452 and may grant additional relief, including a
request for the assistance of law enforcement officials, and set a
further hearing to determine whether additional relief is
appropriate.
   (c) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
   (d) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding under this chapter.
   3451.  (a) Upon the filing of a petition seeking enforcement of a
child custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical custody of
the child if the child is imminently likely to suffer serious
physical harm or be removed from this state.
   (b) If the court, upon the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from this state, it may issue a warrant
to take physical custody of the child.  The petition must be heard on
the next judicial day after the warrant is executed unless that date
is impossible.  In that event, the court shall hold the hearing on
the first judicial day possible.  The application for the warrant
must include the statements required by subdivision (b) of Section
3448.
   (c) A warrant to take physical custody of a child must do all of
the following:
   (1) Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based.
   (2) Direct law enforcement officers to take physical custody of
the child immediately.
   (3) Provide for the placement of the child pending final relief.
   (d) The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
   (e) A warrant to take physical custody of a child is enforceable
throughout this state.  If the court finds on the basis of the
testimony of the petitioner or other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers to
enter private property to take physical custody of the child.  If
required by exigent circumstances of the case, the court may
authorize law enforcement officers to make a forcible entry at any
hour.
   (f) The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
   3452.  (a) The court shall award the prevailing party, including a
state, necessary and reasonable expenses incurred by or on behalf of
the party, including costs, communication expenses, attorney's fees,
investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the party
from whom fees or expenses are sought establishes that the award
would be clearly inappropriate.
   (b) The court may not assess fees, costs, or expenses against a
state unless authorized by law other than this part.
   3453.  A court of this state shall accord full faith and credit to
an order issued by another state, and consistent with this part,
enforce a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a court
having jurisdiction to do so under Chapter 2 (commencing with Section
3421).
   3454.  An appeal may be taken from a final order in a proceeding
under this chapter in accordance with expedited appellate procedures
in other civil cases.  Unless the court enters a temporary emergency
order under Section 3424, the enforcing court may not stay an order
enforcing a child custody determination pending appeal.
   3455.  (a) In a case arising under this part or involving the
Hague Convention on the Civil Aspects of International Child
Abduction, a district attorney is authorized to proceed pursuant to
Chapter 8 (commencing with Section 3130) of Part 2.
   (b) A district attorney acting under this section acts on behalf
of the court and may not represent any party.
   3456.  At the request of a district attorney acting under Section
3455, a law enforcement officer may take any lawful action reasonably
necessary to locate a child or a party and assist the district
attorney with responsibilities under Section 3455.
   3457.  The court may assess all direct expenses and costs incurred
by a district attorney under Section 3455 or 3456 pursuant to the
provisions of Section 3134.

      CHAPTER 4.  MISCELLANEOUS PROVISIONS

   3461.  In applying and construing this Uniform Child Custody
Jurisdiction and Enforcement Act, consideration shall be given to the
need to promote uniformity of the law with respect to its subject
matter among states that enact it.
   3462.  If any provision of this part or its application to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this part that can be
given effect without the invalid provision or application, and to
this end the provisions of this part are severable.
   3465.  A motion or other request for relief made in a child
custody proceeding or to enforce a child custody determination that
was commenced before the effective date of this part is governed by
the law in effect at the time the motion or other request was made.
  SEC. 4.  The Judicial Council shall report to the Legislature by
January 1, 2003, on the effect of the implementation of the Uniform
Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing
with Section 3400) of Division 8 of the Family Code) in this state.
The report shall include, among other relevant information, the
number of states that have adopted the act and any evidence of other
states failing to recognize or enforce California custody orders
issued under the act.  To assist in completing this study, the
Judicial Council shall consult with family law judges, custodial and
noncustodial parents' organizations, domestic violence organizations,
district attorneys, nonprofit family law providers, and legal aid
organizations.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
